Saunders v. Saunders
Massachusetts Supreme Judicial Court
Contract, for breach of an agreement under seal. The case was submitted to the Superior Court, upon an agreement that, if the plaintiff was not entitled to maintain her action, judgment was to be entered for the defendant. Pitman, J. ordered judgment for the defendant; and the plaintiff appealed to this court. The facts appear in the opinion.
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Contract, for breach of an agreement under seal. The case was submitted to the Superior Court, upon an agreement that, if the plaintiff was not entitled to maintain her action, judgment was to be entered for the defendant. Pitman, J. ordered judgment for the defendant; and the plaintiff appealed to this court. The facts appear in the opinion. The case was submitted on briefs in January, 1891, and after-wards, in September following, was submitted on the same briefs to all the judges.
1Opinion of the CourtMorton, J.
This action is brought by the plaintiff upon an instrument under seal, to which she is not a party, and of which none of the consideration moved from her. The instrument is signed by Charles F. Saunders, the defendant, and is between him and George M. Saunders, who together, and the survivor of them, were entitled to the income of a trust fund. The consideration is one dollar paid by said George M. Saunders, and like covenants on the part of said George with said Charles to those contained in the instrument declared on. The covenants or agreements in the instrument relied on are as follows: “…
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